oEPA
              tinned States
              Environmental Protection
              Agency
Office of
Solid Waste and
Emergency Response
               DIRECTIVE NUMBER
               TITLE:
   9444.05(85)
               APPROVAL DATE: 5_14_85
               EFFECTIVE DATE: 5-i4-85
               ORIGINATING OFFICE: office
               Q FINAL
               D DRAFT
                STATUS:     | I
               REFERENCE (other documents)
[  ] A- Pending OMB approval
|  I B- Pending AA-OSWER approval
[  ] C- For review &/or cotnment
[1 D- In development or circulating
             headquarters
  OSWER      OSWER     OSWER
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261  SUBPART D - LISTS
                                                DOC:  9444.05(85)
•Key Words:    Formaldehyde, Listing, Commercial Chemical Products

Regulations:  40 CFR 262.11, "261.33(d)(e)(f), 261*31, 261.32

Subject:      Discarded Commercial Chemical  Products

Addressee:    Stuart E. Bassell, Project Manager, Lawler, Matusky & Skelly
              Engineers, One Blue Hill Plaza, Pearl River, New York 10965

Originator:   Alan S. Corson, Chief, Studies and Methods Branch

Source Doc:   #9444.05(85)
Date:

Summary:
5-14-85
     RCRA "P" and "U" wastes identify chemical products that are hazardous
wastes when discarded.  The U122 listing refers only to discarded commercial
chemical produces, off-specification species, container residues, and spill
residues having the generic name formaldehyde.  A process waste that contains
formaldehyde is not a hazardous waste unless it is listed in §261.31 or §261.32
or exhibits any of the characteristics of hazardous waste.

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                                                                9444.05 (85)
                                   \ A
Ac. Stuart S. rtassell, P.E.
 Project Manager
bawler, Matusky & SkelLy Engineers
One Blue dill Plaza
Pearl River, New York  10965

Dear Mr. Bassellt

     I am glad to clarify the issue that you raised in your
letter of April 1, 1985.  The identification of RCRA "P" and
"U" wastes (chemical products that are hazardous wastes when
discarded) is not as obvious as the identification of other
listed wastes.

     As you know, 40 CPR 262.11 outlines the generator's
responsibility for identifying hazardous waste as follows:
first, check to see if the waste is excluded from regulation
under Part 261 Subpart D, second, see if the waste is listed in
Part 261 Subpart D, third (if it is not a listed waste),
determine whether it is a characteristic waste by testing or
applying knowledge of the process producing the waste.  Neither
the fish nor the used formalin would qualify as a listed RCRA
waste.

     To clarify why the fish and the used formaldehyde are not
listed waste, the reasoning is as follows:  Formaldehyde is
listed (as U122) in 40 CFR 261.33(f).  This listing refers
only to discarded commercial chemical products, off-specification
species, container residues, and spill residues having the
generic name "formaldehyde."  The comment in 3261.33(d)
explains that the term "commercial chemical product* refers
to a substance manufactured for commercial use which is
commercially pure or a technical grade and formulations in
which the chemical is the sole active ingredient.  It does
not refer to a material, such as a process waste, that contains
any of the substances listed in 8261.33(e) or S261.33(f).  To be
considered a hazardous waste, such process wastes will be
listed in either SS261.31 or 261.32 or be identified
as a hazardous waste by characteristics, as set forth in the
reuulafcions.

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     The conment excludes waste materials that contain any  "P"
and "U* auostances unless the waste stream is listed  (i.e.,
listing formaldehyde used as a preservative) or the waste moots a
Part 261 Subpart C criteria.  This means EPA regulates unused
chemicals but not all wastes containing the same chemicals.
There are regulatory efforts underway that may eliminate, this
discrepancy.

     Of course, the generator also needs to determine that
the discarded fish and formaldehyde are not hazardous on .the
basis of exhibiting any of the characteristics of hazardous
waste.  It is unlikely that the formalin will be found to be
ijnitable, corrosive, reactive, or BP toxic.  If you have any
other questions on the Federal policy of regulatory hazardous
waste, feel free to contact me at (202) 382-4770.  Of course,
you need to comply with the New York Department of Environmental
Conservation determination in the State of New York, since the
State program is operating in lieu of the Federal program.

                                Sincerely yours.
                                Alan S. Corson
                                Branch Chief
cc:  James S. Moran, NYDEC

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